
Power Windows Death Lawsuits
Steve Faulkner was calling to his friends from the window of his parent's car when he accidentally activated the power window switch with his knee causing the window to close on his neck. The window cut off his oxygen supply and he died in an Iowa hospital the same night. According to the watch dog group "Kids and Cars" at least 26 people have died in this way, though they say the number is likely much higher. Two-year-olds Zoie Gates of Kansas and Keymone Leggett of Florida were both strangled by power window in separate incidents in 2001. And less than four months ago 11 year old Mitchell Johnson of Indiana died of asphyxiation after a power window trapped his head against the door frame of his parents car.
Preliminary figures show that power windows are responsible for up to four deaths a year and a study conducted in 1997 estimates roughly 500 injuries, mostly to fingers, hands and arms. In response to pressure applied by "Kids and Cars" the National Highway Traffic Safety Administration has begun a new study on power window related death and injury but what ever their findings the facts are incontrovertible: the power windows of some American cars can kill and auto manufacturers are responsible.
The U.S. car industry has long been aware of this problem. As early as 1968 Ralph Nader, the most famous car reform advocate, wrote a letter to the NHTSA in an attempt to make power windows safe. Nevertheless, despite European laws that have made European power windows safe, and aside from a half-hearted attempt in the mid 90's to make power windows less prone to accidental activation, the regulatory agency still has not responded in a meaningful way.
Certain power window designs are more dangerous than others. Three things characterize a dangerous power window 1) the operating switch can be activated accidentally 2) the window closes with unnecessary force (sometimes with more than 80 pounds of pressure) and 3) the window is not designed to auto reverse when it encounters resistance (a feature seen with most European power windows).
In nearly all the fatalities that have occurred the power switch was either a "toggle" or "rocker" type switch. A "toggle" switch works when pushed forward or pulled back. A "rocker" switch works when it is pressed down: when one end is pressed the window opens, when the other end is pressed, the window closes. Both designs are prone to accidental activation. "Kids and Cars", along with Public citizen another watch dog group concerned with power window deaths, are working to convince car manufacturers to replace "toggle" and "rocker" switches with "lever" switches. "Lever" switches require a person to grip and pull up in order to raise the window.
100% of all kids killed by power windows in recent years were killed in American-made cars. European and Asian countries require power windows to have "lever" switches. However, U.S. auto manufacturers: Ford Motor, General Motors and Chrysler still make their cars with a mix of safer switches and dangerous "rocker" or "toggle" switches. Even more astonishing: while they continue to sell cars with unsafe power windows to Americans, they sell the same models to Europeans and Asians with safer windows. i.e. ones equipped with "lever switches" and auto reverse windows.
If a car company is responsible for the death of your child because of a power window related accident, you are not alone. Please contact us for a free legal consultation.
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